WHITAKER v. KENNEDY/TOWN OF POLAND

628 CA 17-02041.

162 A.D.3d 1542 (2018)

78 N.Y.S.3d 561

2018 NY Slip Op 04170

Karen A. Whitaker, as Plenary Guardian of Joseph L. Martin, Jr., Respondent, v. Kennedy/Town of Poland et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided June 8, 2018.


It is hereby ordered that the amended order so appealed from is unanimously modified on the law by granting in part the motion of defendants Kennedy/Town of Poland and Town of Poland Highway Department and dismissing the complaint against them except to the extent that the complaint, as amplified by the bill of particulars, alleges that they were negligent in failing to install guiderails at the relevant intersection, and as modified the amended order is affirmed without...

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